Gray Media Alleges Tegna Is Stealing its First Alert Weather Trademark

The Weather First Alert logo used by Tegna-owned KSDK in St. Louis violates Gray Media’s First Alert Weather trademark that Gray’s KMOV has used in the same market since August 2022, Gray alleged in an infringement lawsuit Friday (docket 4:23-cv-01163) in U.S. District Court for Eastern Missouri in St. Louis. Patent and Trademark Office records show the First Alert Weather mark (registration number 3290987) was granted to Raycom Media, Gray’s predecessor company, in September 2007. The First Alert Weather mark “has been prominently and repeatedly featured on Gray’s weather broadcasts, websites, social media accounts, radio spots, vehicles, and various other marketing materials,” said the complaint. The mark “has acquired a strong and favorable public recognition and secondary meaning identifying Gray as the preeminent source for reliable weather reporting nationwide,” it said. Rather than compete fairly on “their own merit,” Tegna and KSDK “engaged in a blatant pattern of willful, deliberate infringement in order to wrongfully benefit from the goodwill that Gray has built up” in connection with the First Alert Weather mark, it said. Tegna and KSDK “suddenly debuted” the Weather First Alert logo in October, having previously used the “5 on Your Side” brand in reference to playing on local Channel 5, it said. Since the defendants’ infringing conduct began late last year, Gray has requested that they “terminate their infringement and have unsuccessfully attempted to negotiate a co-existence agreement between the parties,” it said. Tegna “is aware of Gray’s rights,” and has licensed the First Alert Weather mark from Gray in different markets, including the St. Louis market, the complaint said. KSDK decided not to renew its license for use of the mark in St. Louis in 2015. Tegna and KSDK didn’t comment Monday.